Righting a Wrong: Discriminatory Title Covenants

A new law – Public Act 102-0110 – allows Illinois property owners to modify their property records to remove unlawful restrictive covenants. The Act, which went into effect January 1, 2022, provides a mechanism where homeowners can remove covenants, which were used to exclude people of certain races and religious groups from buying real property or living in certain neighborhoods.

Even though the Fair Housing Act made racial and other discriminatory restrictive covenants unlawful in 1968, remnants of these restrictions are still around in property records today.

Now Illinois homeowners can submit a request to their county recorder to remove racial, religious, and national origin restrictive covenants. The request for removal will require a fee to the county recorder of approximately $10. Find your county recorder’s office.

For any assistance regarding covenants attached to your property or any other recorded documents of record, Carlson Dash’s residential real estate practice group is here to help.

This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

Lina Toma | Litigation, Bankruptcy, and Residential Real Estate

Lina’s practice includes commercial and business litigation, creditor’s rights, and residential real estate. If you need assistance with a related matter, contact Lina.